Investments on Disputed Territory: Indispensable Parties and Indispensable Issues

Authors

  • Peter Tzeng International Court of Justice

DOI:

https://doi.org/10.5102/rdi.v14i2.4658

Keywords:

investment, arbitration, disputed territory, indispensable parties, Monetary Gold, Crimea, Ukraine, Russia

Abstract

Nine investment tribunals may have to determine whether Crimea constitutes Russian or Ukrainian territory under international law. This should create some discomfort, as investment tribunals arguably should not have the power to settle territorial sovereignty disputes. This Article explores the merits of two preliminary objections to claims concerning investments on disputed territory: the doctrine of indispensable parties and the doctrine of indispensable issues.

Author Biography

  • Peter Tzeng, International Court of Justice
    Peter Tzeng is a law clerk at the International Court of Justice. He previously worked in the international dispute settlement practices of law firms in Moscow, Paris, Singapore, and Washington, and clerked at the European Court of Human Rights. He is a graduate of Yale Law School, where he remains the only person in the history of the school to have twice received the Jerome Sayles Hess Prize (awarded to the top student of international law). In recognition of the high quality of his written scholarship, he received the 2016 OUP Student Deak Award (for ‘the best international law student article in a student-edited law journal’) and the 2015 ICSID Student Writing Competition First Place Award.

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Published

2017-10-31

Issue

Vol. 14 No. 2 (2017): Direito Internacional dos Investimentos / International Investment Law

Section

Dossiê Temático: Direito Internacional dos Investimentos / International Investment Law

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How to Cite

Investments on Disputed Territory: Indispensable Parties and Indispensable Issues. (2017). Brazilian Journal of International Law, 14(2). https://doi.org/10.5102/rdi.v14i2.4658